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A Fond du Lac man accused of murdering his wife will be able to hire an attorney. Jason E. Anderson, 35, can now withdraw about $37,000 from his 401K savings plan to help pay for representation, Fond du Lac County Circuit Court Judge Richard Nuss ruled Tuesday.

Anderson’s wife, Nicole Anderson, 33, was found dead from a single gunshot wound to the temple on Nov. 8 at the couple’s home, 312 Winnebago Drive. After the shooting, Anderson left Wisconsin and was tracked to Alabama through debit card records, according to the criminal complaint.

Judge Peter Grimm on Dec. 2 restrained Jason Anderson from using part of the couple’s marital estate to hire a private attorney. Anderson on Tuesday sat in the corner of the courtroom weeping before his case was called. During the duration of the hearing, he kept his face down and stared at his hands.

Defense attorney Robin Shellow said it is Jason Anderson’s intention to hire her to represent him. “When you lose a loved one, someone you care about, who is your soul mate and is your heart — whether it is your legal fault or not your legal fault — there’s an enormous amount of pain,” Shellow said. “He is grieving and distraught over the loss of his life partner.”

A document filed by Shellow claims Jason Anderson stated that on the night of Nicole Anderson’s death, he thought he heard an intruder, armed himself with a handgun, it accidentally discharged when the trigger guard was knocked against some furniture and the recoil caused Anderson to almost fall and for the gun to be fired a second time.

District Attorney Dan Kaminsky and Police Chief Bill Lamb responded in a press release that documentation filed by Shellow was nothing new and it would not change the charge of first-degree intentional homicide filed against Anderson. “While similar, those claims are in part inconsistent with information Mr. Anderson previously provided to investigators. Further, additional evidence recovered in the case suggests a different scenario surrounding the homicide,” the release states Shellow told The Reporter on Tuesday that it is premature to be speculating about what does and does not match in the Anderson case. “It was interesting to me that he (Kaminsky) was willing to entertain that there was some similarities,” Shellow said. “That is unusual for a prosecutor. I commend him for admitting the similarities.” Shellow said she will not “try the case in the press.”

The next step in the Jason Anderson case will be a preliminary hearing scheduled for Jan. 6. Shellow will continue defending Anderson on the basis that the death was an accident.

“It never seems to surprise us when famous people like Laura Bush and Adlai Stevenson accidentally kill a loved one, but when the ordinary man says it was an accident, the public that came of age watching five different ‘Law and Order’ (shows) on TV has been schooled that all accidents are crimes and law enforcement scurry around looking for non-existent motives,” she said.

Story found in the fdlreporter.com and written by Russell Plummer